SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 661

 

STATE OF NEW JERSEY

 

ADOPTED FEBRUARY 15, 1996

 

 

Sponsored by Senator CIESLA

 

 

An Act concerning animal cruelty and amending R.S.4:22-17, R.S.4:22-18, and R.S.4:22-19.

 

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1. R.S.4:22-17 is amended to read as follows:

      4:22-17. Cruelty; disorderly persons offense

      A person who shall:

      a.   Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate or kill, a living animal or creature;

      b.   Cause or procure any of such acts to be done; or

      c.   Inflict unnecessary cruelty upon a living animal or creature of which he has charge either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather--

      Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of N.J.C.2C:43-3 to the contrary, for every such offense shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court. In addition, the court (1) shall impose a term of community service of up to 30 days, and may direct that the term of community service be served in providing assistance to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, or any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or to a municipality's animal control or animal population control program; (2) may require the violator to pay restitution or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency, entity, or organization investigating the violation, including but not limited to the New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, or a local or State governmental entity; and (3) may impose any other appropriate penalties established for a disorderly persons offense pursuant to Title 2C of the New Jersey Statutes.

(cf: P.L.1995, c.355, s.2).

 

      2. R.S.4:22-18 is amended to read as follows:

      4:22-18.    Carrying animal in cruel, inhumane manner; disorderly persons offense

      A person who shall carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly persons offense and punished as provided in R.S.4:22-17.

(cf: P.L.1995, c.355, s.3)

 

      3. R.S.4:22-19 is amended to read as follows:

      4:22-19. A person who shall:

      a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; or

      b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner except by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and death as rapidly and painlessly as possible for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in R.S.4:22-17; or, in the case of a violation of subsection b., be subject to a penalty of $25.00 for the first offense and $50.00 for each subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a separate offense. The penalty shall be collected in accordance with "the penalty enforcement law" (N. J. S. 2A:58-1 et seq.) and all money collected shall be remitted to the State.

      This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed pursuant to P.L.1941, c. 151 (C. 4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.

(cf: P.L.1982, c.158, s.2)

 

      4. This act shall take effect immediately.

 

 

 

Expands criminal penalties for violations of certain animal cruelty laws.